NEW BYLAWS IN THE FIELD OF OCCUPATIONAL SAFETY AND HEALTH

We already wrote about the bylaws adopted based on the Occupational Safety and Health Act in mid-November, and at the end of January, two more bylaws in this area, which employers will be obliged to implement from April 28, 2025 came into force. Here is a brief overview of the key obligations of employers established by these regulations.

Regulation on Preventive Measures for Safe and Healthy Work at Height¹

This regulation specifies the requirements that the employer must meet to ensure the implementation of preventive measures aimed at reducing the risk of work-related injuries and health damage to employees, especially those performing tasks at height. Key obligations of the employer include:

• Risk Assessment – which involves the obligation to conduct a detailed risk assessment for workplaces where there is a possibility of working at height, considering all potential hazards, such as unsecured and sharp edges, fragile and brittle surfaces, adverse weather conditions, falling tools and objects, the impact of rivers and power lines, and other specific dangers. Additionally, employers are required to inform employees about all types of risks that may arise in the workplace and work environment.
• Preventive Measures – aimed at reducing or eliminating the risk of injuries when working at heights, including providing personal protective equipment, installing protective barriers and nets, introducing rescue and evacuation procedures, and issuing work permits.
• Technical Measures – which involve taking appropriate technical measures or using appropriate means, especially mechanized equipment, to avoid working at height.
• Fall Protection – which involves providing fall protection systems, such as protective barriers, nets, and other appropriate measures to prevent falls.
• Medical Examinations – which the employer is obliged to provide for employees working at height, including initial and periodic medical examinations.

We remind readers that a legal entity employer who does not ensure or implement preventive safety and health measures at work faces a fine ranging from 1,500,000 RSD to 2,000,000 RSD, and the person responsible for the legal entity faces a fine ranging from 50,000 RSD to 150,000 RSD.

Regulation on the Manner of Keeping and Deadlines for Retaining Records in the Field of Occupational Safety and Health²

This regulation prescribes the manner of keeping and deadlines for retaining mandatory records in the field of occupational safety and health that the employer is obliged to keep in prescribed forms, including:

• Records of workplaces with increased risk, employees performing tasks at workplaces with increased risk, and medical examinations for those tasks,
• Records of work-related injuries,
• Records of occupational diseases,
• Records of employees exposed to biological hazards of group 3 and/or group 4,
• Records of employees exposed to carcinogens or mutagens, chemical substances, and asbestos, as well as their health status and exposure,
• Records of employees trained in safe and healthy work and proper use of personal protective equipment,
• Records of the implementation of safety and health measures for activities stipulated in Article 48 of the Occupational Safety and Health Act,
• Records of inspections and checks of work equipment,
• Records of inspections and tests of electrical and lightning protection installations,
• Records of tests on working environment conditions,
• Records of issued personal protective equipment (except for single-use personal protective equipment).

Failing to keep and retain the prescribed records imposes a fine of 300,000 RSD on the employer with the status of a legal entity, and a fine of 40,000 RSD on the person responsible in the legal entity.

Forms of Records

The forms of records are included as the appendices of this regulation, providing that records can also be maintained electronically, except for the record of employees trained for safe and healthy work and the proper use of personal protective equipment. The forms are filled out and signed by the advisor or associate for occupational safety and health, as well as certified by the employer. When records are kept electronically, the forms must be signed by a qualified electronic signature.

Retention Periods for Records

Records, i.e. forms related to inspections and tests of work equipment, installations, and the working environment, must be kept for six years from the date of the expiration of the expert finding or report, while other forms i.e. records must be kept for 40 years.

Disclaimer: The text is informative and does not provide legal advice